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McDonnell Administration

05/11/2015

Former Virginia Governor Robert F. McDonnell takes his historic corruption case to a higher court Tuesday, with a mission of securing total vindication or a new trial.

Although the fight will be brief, with each side only allowed 30 minutes before three new judges, the battle could turn the tide of the drama that has divided Virginia.

The McDonnell defense team and federal prosecutors will meet inside Richmond’s Federal Court of Appeals, across the street from where McDonnell served as governor in Virginia’s iconic Capitol building.

The stakes – whether or not McDonnell serves two years in prison, creating a precedent that could petrify politicians, and cast a pall over McDonnell’s four years as governor.

Beginning at 9:30 a.m. the defense will argue first and foremost that the former governor never performed any “official acts,” for Virginia businessman Jonnie Williams.

McDonnell is accused of accepting $177,000 in gifts and loans from the Star Scientific CEO, in exchange for using the prestige of the governor’s office to promote William’s dietary supplement, Anatabloc.

“None of [McDonnell’s] acts exercised government power, pushed others to exercise government power, promised to exercise government power, or took action on any specific matters pending before him,” defense lawyers argue in their appeal brief.

The defense maintains that arranging meetings and providing access to the Executive Mansion for Anatabloc’s product launch promoted Virginia business, similar to courtesies politicians extend every day.

But the government doesn’t buy it.

Prosecutors say the actions happened days or moments after McDonnell received loans from Williams, money used to keep the governor’s family finances afloat.

“Less than two weeks after receiving the $50,000 loan, [McDonnell] met with a cabinet secretary who had authority to help decide what drugs would be covered in the state employee health plan, pulled Anatabloc out of his pocket, told the cabinet secretary ‘it would be good for state employees,’ and ‘asked’ the cabinet secretary to meet with Star,” prosecutors write.

Government lawyers also allege McDonnell directed his actions toward subordinate state employees within the branch of government he controlled. Prosecutors say an aim of the actions was to persuade researchers at Virginia Commonwealth University and the University of Virginia to study Williams’ product.

“Less than ninety minutes after driving Williams’s Ferrari home from a Williams sponsored vacation, [McDonnell] ordered a subordinate to attend a meeting that was, as the defendant put it, “on the Star Scientific anatablock [sic] trials planned in va at vcu and uva.”

McDonnell’s team will say the 12 men and women were not screened well enough before the trial. Defense lawyers contend McDonnell’s counsel wanted to question jurors individually on whether media coverage clouded their judgements.

The court, “refused to include any question, despite both parties requesting it, asking whether prospective jurors had formed an opinion [on the case],” defense lawyers write.

The government maintains pre-trial screening was thorough, after using a 99-item questionnaire asking numerous questions about exposure to media coverage.

The third major point will focus on whether the appeals court should vacate McDonnell’s convictions because the lower court did not sever his trial from his wife’s.

Former Virginia First Lady Maureen McDonnell revealed in filings unsealed this year she would have testified on her husband’s behalf, but only if their trials were separate.

Mrs. McDonnell intended to testify that she deceived her husband and hid her dealings with Williams, testimony which may have harmed her credibility in the joint trial as she faced an obstruction of justice charge.

A transcript of the former first lady’s testimony could then be used against her in her own separate trial, but her defense lawyer wrote the impact of such a scenario would be less severe than if jurors heard from the first lady on the stand.

Prosecutors opposed splitting the trials because the defense asked the court to review its arguments without prosecutors seeing them, preventing the government from responding meaningfully.

Looking forward, the losing side may ask the full appeals court, rather than a three-judge panel, to hear the case after a decision is reached by September.

The losing side also has the option to appeal directly to the U.S. Supreme Court. However, with the justices selecting so few issues to review, the odds of cases granted certiorari are typically low.

08/22/2014

After more than two days detailing deceptions and secrets kept by former First Lady Maureen McDonnell, former Virginia Governor Bob McDonnell said late Friday he does not blame his wife for the soap opera drama that has captivated the Commonwealth and much of the country.

Moments earlier, Asbill asked if the former governor committed any crime while in office, or promised anything to businessman Jonnie Williams on paper, through talking, a nod or a wink.

“No I did not,” McDonnell answered to both questions. “I misjudged Jonnie Williams. I thought he was a true friend.”

McDonnell added that no gift was worth tarnishing 38 years of public service, saying “I know in my heart” he had not committed a crime, or deliberately misled the FBI, State Police and federal prosecutors about his relationship with Williams.

The exchange came at the close of direct examination from McDonnell’s attorney, capping a day when McDonnell continued to insist he and his wife were living largely separate lives during his time in office.

Playing into the defense’s narrative, McDonnell told jurors his wife borrowed $50,000 from Williams, money she used to buy the McDonnell children volatile stock in Williams’ company.

McDonnell said his wife kept the move secret for nearly a year, and planned to give their children the stock as Christmas presents.

“I was pretty upset with her,” McDonnell said. “I just felt this was another time she didn’t tell me what she was doing.”

The former governor also took time to explain why he went on expensive trips provided by Williams. McDonnell said he did not see them as fancy getaways, but rare opportunities to spend time with his family.

Curious pieces of information also emerged during the nearly six hours of testimony, including revelations that Maureen McDonnell once worked for the FBI when she was younger. Her father once served as an FBI agent in New York.

The former governor also revealed that he used to take Williams’ dietary supplement, Anatabloc, up to five times a day during the peak of their friendship. The pill has recently been removed from the market.

Lawyers for the former first lady will question Gov. McDonnell Monday morning, when the trial resumes at 9:45 a.m.

08/21/2014

It's the most dramatic day of testimony yet - with an emotional former Governor Bob McDonnell saying his wife is responsible for one of the lowest points in his life.

The governor choked up on the stand early Thursday, as he began to tell jurors about a broken marriage. It was a changed man who walked into the courthouse, with his testimony weighing on him early on.

"With 38 years in public service, I never thought I'd have to testify in a trial like this," McDonnell said Thursday.

McDonnell told jurors they heard the real story of his marriage, one he tried not to discuss with his children. According to the governor, Maureen McDonnell became overwhelmed with public life, reaching a breaking point in the middle of their time in the Governor's Mansion.

The most stunning example - what was supposed to be a relaxing vacation weekend broke down into endless fighting, and McDonnell put his thoughts into a note to Maureen.

"I love you. Yesterday was one on (sic) the lowest points in my life. We have had a very hard year emotionally, despite a wonderful anniversary celebration. You are my soulmate. ... I am sorry for all the times I have not been there for you and have done things to hurt you. ... You told me again yesterday that you would wreck my things and how bad I am. It hurt me to my core. I have asked and prayed to God so many times to take this anger away and heal whatever is causing it … some going back years and years. He has not yet answered those prayers. ... I want to be in love, not just watch movies about it."

The letter was entered into evidence and will be published on the federal PACER database Friday. The text was reported by NBC and The Washington Post.

Maureen McDonnell never responds to this note.

They had grown apart, and McDonnell testified his wife took out her stresses on the Executive Mansion staff.

McDonnell said with hesitation, "I knew privately there was chaos" inside the Mansion. "Maureen told me I put my job over her"

"And did you," asked McDonnell attorney Hank Asbill.

"I did" McDonnell said.

Near the day's end, McDonnell explained why he took Jonnie Williams' Ferrari on a spin, adding a bit of levity to the dramatic testimony.

"I hadn't driven in nearly two years, I'm entitled to be normal," McDonnell said.

His kids egged him on to drive the sportscar, and McDonnell told the courtroom, "Listen, it was a Ferrari."

08/20/2014

Attorneys for Bob McDonnell said he would take the stand during their opening arguments.. and that is exactly what happened today. You could easily argue this was the most important moment in this trial.

He's been promising since day one that he would take the stand and Wednesday Bob McDonnell was ready to take control of this case.

"It is always better to be on offense than defense," he said as he entered the courthouse.

His testimony started late around- 3:20 in the afternoon. At the close of business, it was clear his time on the stand would go on for a while. The former governor went through his work, family and political history in great detail. Telling the story of a man from a middle-class family who rose to the highest level of office in Virginia.

"I've been blessed for 60 years to have a very very close family and it's a one of the great things God blessed me with," he said.

But as he told that story he emphasized some of the challenges to his family and his marriage.

He said the day after he won the governorship his wife Maureen broke down.

McDonnell testified: "I could tell she was stressed about what was ahead of her as first lady."

He also pointed to his goal of creating jobs and focusing on business development. And the creation of the campaign slogan "Bob's 4 Jobs". Wednesday however was not about the nitty-gritty. That is still to come.

According to Legal Analyst Paul Goldman the former will have to explain his relationship with Jonnie Williams to win over this jury.

"But it is still direct testimony. He'll be brilliant," Goldman pointed out. "The game won't begin until you get to cross examination really."

A job for Bob McDonnell that is still ahead.

They did touch briefly on Williams and his company Star Scientific at the end of McDonnell's day on the stand.

The former governor said that he did nothing more than provide "routine" access to government as he would for any company.

08/15/2014

Moments after a federal judge refused to dismiss criminal charges against the former First Couple, Gov. Bob McDonnell told reporters Friday the trial has taken a personal toll, and said he is ready to take the witness stand.

“This is, you know crushing to be a defendant in a criminal case,” McDonnell said outside federal court. “I know in my heart what the truth is, and we'll look forward now to having our case.”

The comments were the first McDonnell made during the trial, concerning the personal impact of three weeks of explosive testimony.

“I knew this was going to be a long trial,” McDonnell said. “I'm just glad that we finally now get to have a chance to present our case and our evidence. And I'm looking forward to Monday.”

The defense will begin to present its case Monday, with no timeframe on when the former governor will take the stand. Defense lawyers have signaled Maureen McDonnell will not testify.

Gov. McDonnell defended his 38 years in public service, noting his time as an active duty member of the Army from 1976-1981, and as an Army Reserve lieutenant colonel from 1981-1997.

“I always try to tell the truth about everything I know about public life,” McDonnell said. “And that's what I'm going to do when I take the stand."

McDonnell defense lawyers unsuccessfully argued for nearly an hour that all charges should be dropped, in a hearing the day after the government rested. The defense asserted a multitude of gifts have been shown to members of the jury, but the government has not produced evidence of official acts made by McDonnell in return.

Defense attorney Ryan Newman said the McDonnells only provided businessman Jonnie Williams access to decision makers, but never promised or performed official acts to help his company, Star Scientific.

“It would be a dangerous precedent to start a federal investigation and throw a public official in prison… because of arranging meetings,” Newman said.

The government fired back, saying context is critical to the McDonnells’ meetings and events.

Prosecutor Ryan Faulconer argued that hosting a research event at the Executive Mansion for Williams, in the context of knowing the former CEO needed research for his pill, Anatabloc, constituted an official act.

08/07/2014

Thursday could be the toughest day yet for the McDonnell defense after potentially damning testimony from an important member of the former governor's administration dominates the day in court.

The jury heard from a number of members of the McDonnell staff during the former governor's time in office, but it is his former Secretary of Health and Human Resources' testimony that may resonate the most.

Dr. Bill Hazel is actually still in that same position with the current administration and today he testified that he did not buy Jonnie Williams or his product for one second.

His testimony could mark a turning point in the trial. Hazel spent Thursday trashing Williams-- the CEO at the center of gifts scandal. Hazel was the first to describe Williams as the "tic-tac man" and said he never had any faith in the millionaire's company or his product.

"To say I was skeptical would be an understatement," Hazel testified.

His view of the CEO undercuts part of the defense theory that Williams was so impressive that most were swayed by his pitch. Hazel was so unimpressed he begged off sitting next to him at political event because quote:

"I frankly thought it would be a long evening."

But his personal view aside, perhaps the most damning part of his testimony was his perception of the treatment Williams was given by the administration.

"I can't recall that there was ever a situation quite like this one," he said.

Afterward- Hazel told reporters his testimony stands for itself.

"I think I made it pretty clear in there don't you think?"

It stands alone in particular because the McDonnell defense team asked Hazel only one question, leaving the prosecution's version of events for the jury to rely on.

Hazel was not the only member of the McDonnell administration on the stand Thursday. Former mansion director Sarah Scarborough testified about her role in setting up events for Williams, and longtime McDonnell press aide Tucker Martin testified that he had no idea about the gifts Williams was giving his boss, until members of the press started calling him.

The second week of this marathon trial concludes tomorrow at the Federal Courthouse.

Williams also addressed the explosive email entered into evidence Friday, in which Mrs. McDonnell wrote to Williams following the 2011 Virginia earthquake, “I just felt the EARTH MOVE AND I WASN’T HAVING SEX!!!!”

Jonnie Williams (middle) swarmed by photographers Monday

“It’s just an odd message you get,” Williams testified Monday. “I didn’t know Mrs. McDonnell had any interest in me until last week.”

U.S. District Judge James R. Spencer asked Williams point blank if the two ever shared a physical relationship, with Williams emphatically denying the theory put forward by Mrs. McDonnell’s defense.

“Neither of us ever expressed romantic interest in each other,” Williams said. “I never had any physical contact with Mrs. McDonnell.”

Mrs. McDonnell arrives with lawyers Monday

A cathartic moment arrived during Williams’ cross examination, when the former Star Scientific CEO reflected on his lavish gifts for the McDonnell family.

“I just know what I was doing was wrong,” Williams repeated five separate times within two minutes. “It couldn’t be right for me to be paying all this money.”

McDonnell defense attorney Hank Asbill turned to the question of whether there was a quid pro quo element to the McDonnells’ dealings with Williams, identifying extended periods of time when Star Scientific received no special access to state health officials.

Asbill also expressed doubts that Williams’ friendship with the McDonnell family was simply a business arrangement. The attorney specifically discussed the day when Gov. McDonnell made a personal phone call to Williams’ father.

“It was your father’s birthday,” Asbill said. “Was it hard for you to keep pretending to be their friends?”

“They brought their business to me,” Williams responded. “I don’t recall paying my personal friends to hang out with me.”

Gov. McDonnell takes reporter questions Monday

McDonnell political adviser Phil Cox also took the stand Monday, telling prosecutors how Mrs. McDonnell reacted when she learned Williams could not buy her a $20,000 Oscar de la Renta dress.

“She sent me an insane rant on Christmas Eve,” Cox said, recalling an email from Mrs. McDonnell. “She called into question my loyalty… saying I did not have her or her husband’s best interests in mind.”

Cox also described a South Carolina meeting between Ann Romney and the former first lady on the 2012 presidential campaign trail, when Mrs. McDonnell said Williams’ dietary supplement could cure Mrs. Romney’s multiple sclerosis.

“I was horrified… I thought it was a train wreck,” Cox said.

According to Cox’s testimony, Williams joined Mrs. McDonnell on the trip to Charleston, S.C. and attempted to organize a meeting with presidential candidate Mitt Romney. The topic would have been the Star Scientific supplement known as Anatabloc.

“It wasn’t going to happen,” Cox said. “I have a recollection of thinking, ‘what the heck was [Williams] doing there?’”

Testimony continues Tuesday with Monica Block on the stand, who served as the governor’s scheduler.

The McDonnell defense filed an excerpt of the agent's meeting notes late Friday, in a request to subpoena more documents from Virginia State Police.

The notes provide insight into the early stages of the investigation, nearly 20 months before federal prosecutors indicted the former First Couple.

Under all of our noses, was the government actively working with State Police in 2012 to build a case against the McDonnells? The question now - how will the McDonnells use evidence like this in their defense, with their historic trial now set for late July.

04/18/2014

The McDonnell defense team will not be able to keep certain details secret from prosecutors, according to the latest ruling from a federal judge late Thursday.

The defeat concerns McDonnell’s request to have a trial separate from his wife. The ruling came in just before our 6pm news, and we break it down at the top of the newscast below:

Defense lawyers asked U.S. District Judge James Spencer if they could file information under seal – facts supporting the former governor’s request for separate trials.

The McDonnell team asked to keep the information secret from prosecutors, saying government lawyers would gain insight into the defense’s trial strategy. Judge Spencer ruled the information can be kept secret from the public, but not from prosecutors.

McDonnell also requested a hearing to dismiss counts 1-11 of the criminal indictment at 10:00 a.m. May 19th. The McDonnells are already scheduled to present motions in the Richmond federal courtroom that date

03/18/2014

It was a morning full of zings, slinged from the bench, and aimed straight at Bob and Maureen McDonnell's defense team.

Describing an argument made by one of McDonnell's lawyers, Judge James R. Spencer said, "That to me is just dancing through fantasy land.”

Monday saw a legal defeat for the McDonnells, after Judge Spencer ruled that federal prosecutors are not obstructing the defense's investigation.

Below is our full wrap of the morning's events, and what happens in the months ahead.

RICHMOND, VA (WWBT) - In a legal defeat for former Gov. Bob McDonnell’s defense team, a federal judge Tuesday dismissed arguments from the McDonnells’ lawyers, and said prosecutors are not interfering with the defense’s investigation.

“The defense is operating under the assumption that the government is going to do wrong in this instance,” said Judge James R. Spencer. “I do not make that assumption.”

The 20 minute hearing Monday centered on a civil case involving Jonnie Williams, the former Star Scientific CEO who gave more than $165,000 in gifts and loans to the McDonnells.

The civil case is being delayed – a request made by federal prosecutors. Because the case is delayed, McDonnell’s defense said evidence favorable to the former governor is not being discovered.

“This is the government’s attempt to stop the defense from finding evidence,” said defense lawyer James M. Burnham. “There is a longstanding rule that the government is not allowed to interfere in the defense’s investigation.”

Prosecutors said the delay in the civil case prevents the discovery of sensitive evidence, including documents to which the McDonnells are not entitled.

The McDonnell team also argued the government is convincing witnesses not to speak with the defense, a claim Judge Spencer quickly rejected.

“Nobody’s telling anyone they can’t talk to you,” Spencer said. “That to me is just dancing through fantasy land.”

Judge Spencer ultimately denied the McDonnell’s request to limit prosecutors’ involvement in the civil case. He also ordered both sides to meet more frequently to settle disagreements, “for the sanctity of the trees.” The comment refers to the mass quantity of paper used to print a multitude of documents so far.

Two of the McDonnell daughters also joined their parents in federal court, including Cailin McDonnell and her husband, Chris Young. Prosecutors say Jonnie Williams paid $15,000 to cater McDonnell and Young’s wedding.

As he walked out of the Richmond courthouse, Gov. McDonnell wished reporters to have a nice day, and then left in a family car with his wife.

McDonnell’s counsel said they will file a motion to dismiss the entire criminal case on or before March 25. The motion will be heard in May, and the trial by jury is currently set for July 28, 2014.